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75A - PH ELECTRIC VEHICLE FEE
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02/06/2018
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75A - PH ELECTRIC VEHICLE FEE
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Last modified
2/1/2018 7:04:35 PM
Creation date
2/1/2018 7:10:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
75A
Date
2/6/2018
Destruction Year
2023
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5.5 CONTENT. <br />(a) ChargePoint Content (Including but not limited to Charging Station data and status) is <br />provided for planning purposes only. Subscriber may find that various events may mean actual Charging <br />Station conditions (such as availability or pricing) differ from what is set forth in the Content. In addition, <br />certain Charging Station -related Content, including Charging Station name and use restrictions, is set by <br />the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber's <br />use of the Content, <br />(b) Certain Content may be provided under license from third parties and is subject to <br />copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any <br />unauthorized copying or disclosure of such third party -supplied Content. Subscriber's use of such Content <br />may be subject to additional restrictions set forth in the Documentation. <br />(c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of <br />the Content except as expressly permitted by the Documentation. Subscriber shall not present any <br />portion of the Content in any manner, that would (1) make such Content false, inaccurate or misleading, <br />(ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or <br />suggest that the Charging Station locations provided as part of the Content are anything other than <br />ChargePoint' Network Charging Stations. <br />(d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights <br />notices (including copyright and trademark notices), warnings, links or other notifications that appear in <br />the ChargePoint Service. <br />6. SUBSCRIPTION FEES AND PAYMENT TERMS. <br />6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of <br />its receipt of CPI's invoice. All payments shall be made in U.S. Dollars bycheck, wire transfer, ACH payment <br />system or other means approved by CPI. Customer may not offset any amounts due to CPI hereunder <br />against amounts due to Customer under this Agreement or any other agreement. Fees payable to CPI do <br />not include any Taxes, and Subscriber is responsible for any and all such Taxes. All payment obligations <br />under this Agreement are non -cancelable and non-refundable. <br />6.2 LATE PAYMENTS. If any amount owing by Subscriber under this Agreement is more than <br />thirty (30) days overdue, CPI may, without otherwise limiting CPI's rights or remedies, (a) terminate this <br />�Agree�;(b suspend -the use bySubscriber ofThe Cha�ge-PomfServices WE sucamounts are pai In - -""" --- <br />full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment <br />terms other than those set forth herein; provided that CPI shall not exercise any such rights if Subscriber <br />has reasonably disputed such charges and is cooperating diligently In good faith to resolve the dispute. <br />7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES. <br />7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title <br />and interest (including all related Intellectual Property Rights) In and to the CPI Property and any <br />Improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as <br />expressly set forth in this Agreement. <br />7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves <br />all right, title and interest (including all related Intellectual Property Rights) in and to (1) all Subscriber <br />Marks and (ii) all Subscriber Content and Services (collectively, the "Subscriber Property"). No rights are <br />granted to CPI in the Subscriber Property hereunder except as expressly set forth In this Agreement. <br />Page 6 of 18 <br />75A-62 <br />
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